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    In re Snowden
    2016-02-15

    (Bankr. E.D. Ky. Feb. 12, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Robinson
    2016-02-05

    (7th Cir. Feb. 4, 2016)

    The Seventh Circuit affirms the district court’s reversal of the bankruptcy court. The debtor claimed an exemption for a rare first edition Book of Mormon under Illinois’s exemption statutes, which permit an exemption for “a bible.” The trustee argued that the debtor should be permitted only to exempt one of the debtor’s other copies, because the rare copy was worth approximately $10,000 and, the trustee argued, the statute was being misused in this case. The court holds that the plain wording of the statute permitted the claimed exemption. Opinion below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Lynn v. Pry
    2016-02-05

    (S.D. Ind. Feb. 3, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC, Debtor
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    BAPCPA 10 Years Later: the Effectiveness and Necessity of Bankruptcy Reforms Remain In Question
    2016-02-05

    In April 2005, the Bankruptcy Abuse Prevention Consumer Protection Act (“BAPCPA”) was signed into law, representing the most extensive revisions to the bankruptcy code in 35 years. The BAPCPA was the product of more than a decade of legislative efforts. Its stated purpose was to curb perceived consumer abuse of the bankruptcy system. At the time of its enactment, many bankruptcy practitioners, judges and others questioned whether such a drastic change to the law was necessary and expressed concern about the impact the BAPCPA would have on consumers and the system as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Consumer protection
    Authors:
    Kent Durning
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Golson-Dunlap v. HSBC Capital (USA), Inc. (In re Garrison)
    2016-02-08

    (S.D. Ind. Feb. 5, 2016)

    The district court grants the unopposed motion to withdraw the reference and the motion to dismiss the adversary proceeding with prejudice. The court discusses the standard for withdrawal motions, and finds that the standard is met here. The claims arise out of a contractual relationship outside the bankruptcy and would not be resolved through the claims resolution process. Thus, the bankruptcy court could not issue a final judgment in the matter absent the movant’s consent. Opinion below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    McKinstry v. Richard Holmes Enterprises, LLC (In re Black Diamond Mining Company, LLC)
    2016-02-08

    (E.D. Ky. Feb. 5, 2016)

    The district court denies the motion for stay pending the appeal of the bankruptcy court’s order. The bankruptcy court had ordered that the party moving to reopen the bankruptcy case deposit funds into escrow as a condition to reopening the case. The court held that the party must show at a minimum serious questions going to the merits to obtain such a stay, but the party failed to do so. Opinion below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Platt v. CitiMortgage, Inc
    2016-02-03

    (S.D. Ind. Feb. 2, 2016)

    The district court grants the creditor’s motion to dismiss the appeal as untimely. The pro se debtors filed their notice of appeal of a stay relief order three days after the 14-day period per Bankruptcy Rule 8002 had expired. The debtors’ argument that the motion for relief from stay was not served upon them properly was not supported by the record and even if the allegations were true, they failed to explain the untimeliness of the notice of appeal after the order granting stay relief was entered. Opinion below.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Village Green I, GP v. Federal National Mortgage Association (In re Village Green I, GP)
    2016-01-29

    (6th Cir. Jan. 27, 2016)

    The Sixth Circuit affirms the district court’s finding that the Chapter 11 plan was proposed in bad faith. The plan proposed to pay small claims in full but over a 60-day period. This class of claims was technically impaired due to the delayed payment and it voted to accept the plan. The principle secured lender appealed. The Court finds that the plan was not proposed in good faith, as required by 11 U.S.C. § 1129(a)(3), because it was designed to circumvent  § 1129(a)(10)’s requirement for an accepting impaired class of claims. Opinion below.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Kiriazis
    2016-01-29

    (6th Cir. B.A.P. Jan. 28, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Cox v. Specialty Vehicle Solutions, LLC
    2017-11-14

    (6th Cir. Nov. 14, 2017)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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